SECTION 461.50. Spouse's Eligibility

(a) In order to be eligible to receive the Hazlewood Act Exemption, a veteran's spouse shall demonstrate that he or she:

(1) is the spouse of:

(A) a member of the U.S. Armed Forces who entered the service in the State of Texas; declared Texas as his or her home of record in the manner provided by the military or other service; or was a resident of Texas when he or she entered the service and who:

(i) was killed in action; or

(ii) died while in service; or

(iii) is missing in action; or

(iv) whose death is documented to be directly caused by illness or injury related to service in the armed forces of the United States; or

(v) is totally and permanently disabled or meets the eligibility requirements for individual unemployability according to the disability ratings of the Department of Veterans Affairs; or

(B) a member of the Texas National Guard or Texas Air National Guard who:

(i) was killed since January 1, 1946 while on active duty either in the service of Texas or the United States; or

(ii) is totally and permanently disabled or meets the eligibility requirements for individual unemployability according to the disability ratings of the Department of Veterans Affairs.

(2) is classified by the institution as a resident of Texas for the term or semester for which the spouse claims the Hazlewood Act Exemption.

(b) A spouse of a service-related totally disabled or individually unemployable veteran, if a continuing or transfer student, must meet the GPA requirement of the institution's satisfactory academic progress policy in a degree or certificate program as determined by the institution's financial aid policy; except the spouse is not required to enroll in a minimum course load. The spouse also must meet all other requirements of Texas Education Code §54.2001. These requirements do not apply to the spouse of a veteran who has died from a service-related injury or illness or who was classified as missing in action (MIA), or killed in action (KIA).

Source Note: The provisions of this §461.50 adopted to be effective June 5, 2014, 39 TexReg 4270; amended to be effective May 25, 2016, 41 TexReg 3753